If I were to record a live show and later sell the recording back to the band would it be legal? I'm assuming this depends on whether the band is under a label or indie, and whether the songs are protected by copyright issues. If so, who do I need to liaise with to ensure everything is arranged properly.

I'm not going to use the recording for my own work, I'm selling it back to the band for their own use.

Any advise, be it book smart or street smart would be greatly appreciated.

My understanding is that recording the performance without the band's permission is illegal (both the songs and the performance are subject to copyright protection regardless of whether they are on a label or not) and selling it back to them would probably classify as extortion. I'm sure someone with more legal knowlege can clarify this.

If you're associated with the venue it might be ok. Otherwise I think that scrubs is correct.
_________________Ancient Chinese secret, huh?!

"The object of this invention is to record in permanent characters the human voice and other sounds, from which characters such sounds may be reproduced and rendered audible again at a future time." U.S. Patent No. 200,521, Feb. 19, 1878.

My understanding is that recording the performance without the band's permission is illegal (both the songs and the performance are subject to copyright protection regardless of whether they are on a label or not) and selling it back to them would probably classify as extortion. I'm sure someone with more legal knowlege can clarify this.

scrubs, I understand that it might be illegal at some stage but I didn't expect it to be an extortion. What if I offered my recording service to the band, and this way, they are recording their live performance, and would be paying me for this service. Isn't this the same as multitracking? I admit concerts do not allow recording but at gigs there is no such rule.

I'm trying to make this a legal business.
(I work as sound assistant in location sound recording by the way, mostly tv commercials).

scrubs, I understand that it might be illegal at some stage but I didn't expect it to be an extortion. What if I offered my recording service to the band, and this way, they are recording their live performance, and would be paying me for this service. Isn't this the same as multitracking? I admit concerts do not allow recording but at gigs there is no such rule.

I'm trying to make this a legal business.
(I work as sound assistant in location sound recording by the way, mostly tv commercials).

It would only work if the band hired you to record the performance ahead of time. From your initial post, it seemed like you were planning to record the performance, then contact the band afterward and offer to sell them the recording. If you negotiate with a band and have a contract ahead of time, then it would be ok.

From a copyright standpoint, at least in the US, the performance is subject to copyright protection, regardless of the venue or nature of the performance. A recording made of the performance is subject to a different set of protection as a sound recording but, legally, you must have permission from the band to record it, as they own the rights to the performance itself. As Slack implied, some venues may record performances at their site, but I'm guessing that's covered in the contract that the performers sign before playing there.
_________________" Mixing is worse than doing dishes. " -- Jake-O.W.A.

i had quite a long talk with my supervisor yesterday. he seems to think it's not as easy to get good recording from live performance. i think i'll keep this idea to myself for the time being while i acquire the stuff i need.

if you don't have permission directly from the band is illegal
actually i've had this problem and some illegal live recordings out there that shouldn't be, same problem with the filming, actually you cannot know when a camera is shooting or not, but specially if it's not an open show but with a ticket is not legal.

as a band i'm interested precisely in the cheapest way to do it, i've done several times with a minidisc and was ok yet not brilliant, now that i's broken and minidisc are not very used anymore, what should I purchase?
_________________Priscilla Hernandez : singer-songwriter/composer/illustrator
http://yidneth.com
Latest CD released: http://theunderliving.com

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